Texas Alcoholic Beverage Commission
From Free Talk Live
The Texas Alcoholic Beverage Commission (TABC) (formerly the Texas Liquor Control Board) was created in 1935. The TABC has the task of inspecting, supervising and regulating every phase of business related to alcoholic beverage in the state of Texas.
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About
Under the Alcoholic Beverage Code, the TABC "shall inspect, supervise and regulate every phase of the business of manufacturing, importing, exporting, transporting, storing, selling, advertising, labeling and distributing alcoholic beverages, and the possession of alcoholic beverages for the purpose of sale or otherwise."
According to the TABC website, "This code is an exercise of the police power of the state for the protection of the welfare, health, peace, temperance and safety of the people of the state. It shall be liberally construed to accomplish this purpose."
The TABC also acts as the armed gunmen for the State Comptroller's office, executing "Tax Raids" where armed TABC agents, along with a representative of the comptroller, walk into open businesses, take all cash from safes and registers to apply to back taxes owed by the business, and force employees to sign a reciept and "consent" to the seizure under threat of arrest.
History
The 21st Amendment, which signaled repeal of national prohibition in the 1930's, allows each state to control the importation and use of alcoholic beverages within its boundaries. Some feel this is probably the only remaining right guaranteed more or less exclusively to the states.
Mission
The mission of the TABC includes regulating sales, taxation, importation, manufacturing, transporting, and advertising of alcoholic beverages.
Preventing Criminal Involvement
The Texas Alcoholic Beverage Code was enacted to protect against involvement of the criminal element in alcoholic beverage trafficking. The legislature has very strictly prohibited persons who have been convicted of certain crimes from obtaining licenses or permits.
Tied House Regulations
The TABC also prohibits "tied house" businesses where ownership overlaps the three marketing levels (manufacturing, wholesaling and retailing) in the beverage alcohol industry. The separation of marketing levels is closely scrutinized. TABC employees review all shipments of alcoholic beverages into Texas, as well as any transfer of merchandise between wholesalers. Background investigations and other research are undertaken when a person applies for a permit or license to operate in some phase of the industry. Efforts are made to detect ownership by others involved at different levels, as well as those factors which could tend to disqualify an applicant, such as previous criminal history or indebtedness to the state for taxes.
Taxes and Tariffs
The TABC collects in excess of $200 million annually in taxes and fees, which aids in the financing of the state's public schools, local governments, research, human services and other areas in which state government provides services to all Texans.
Libertarian View
Libertarians disagree with both major missions of the TABC. They do not understand why someone’s criminal history should prevent them from working in the liquor industry or why a liquor manufacturer should be prohibited from operating it's own bar or other establishment.
Controversy
In the spring of 2006 the TABC began arresting private citizens for public intoxication while they were in a drinking establishment. This has started a firestorm of controversy and is still on-going at this time.
Episodes
This topic has been discussed on the following episodes:
